33 U.S.C. § 410

Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty

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The prohibition contained in section 409 of this title against floating loose timber and logs, or sack rafts, so called, of timber and logs in streams or channels actually navigated by steamboats, shall not apply to any navigable river or waterway of the United States or any part thereof whereon the floating of loose timber and logs and sack rafts of timber and logs is the principal method of navigation. But such method of navigation on such river or waterway or part thereof shall be subject to the rules and regulations prescribed by the Secretary of the Army as provided in this section.

The Secretary of the Army shall have power, and he is authorized and directed to prescribe rules and regulations, which he may at any time modify, to govern and regulate the floating of loose timber and logs, and sack rafts, (so called) of timber and logs and other methods of navigation on the streams and waterways, or any thereof, of the character, as to navigation, heretofore in this section described. The said rules and regulations shall be so framed as to equitably adjust conflicting interests between the different methods or forms of navigation; and the said rules and regulations shall be published at least once in such newspaper or newspapers of general circulation as in the opinion of the Secretary of the Army shall be best adapted to give notice of said rules and regulations to persons affected thereby and locally interested therein. And all modifications of said rules and regulations shall be similarly published. And such rules and regulations when so prescribed and published as to any such stream or waterway shall have the force of law, and any violation thereof shall be a misdemeanor, and every person convicted of such violation shall be punished by a fine of not exceeding $2,500 nor less than $500, or by imprisonment (in case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this section may be commenced before any magistrate judge, judge, or court of the United States, and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in the case of crimes or misdemeanors committed against the United States.

The right to alter, amend, or repeal this section at any time is reserved.

Notes of Decisions

Cited in 9 cases, 1971–2011 · leading case: United States v. Kennebec Log Driving Co., 491 F.2d 562 (1st Cir. 1973).

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United States v. Kennebec Log Driving Co., 491 F.2d 562 (1st Cir. 1973). · cites it 7× “1973), found that the Act of May 9, 1900 ( 33 U.S.C. § 410 ) created an exception from the provisions of the Rivers and Harbors Act of 1899 for log driving on rivers where log driving is the principal form of navigation, and, since it was uncontested that the Kennebec falls into…”

United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y 2008). “§ 4221 Forgery of notary seal 1 year 33 U.S.C. § 410 Navigable water regulation violation 30 days 33 U.”

Patricio Hernandez-Cordero & Maria Guadalupe Ortega De Hernandez v. United States Immigr. & Naturalization Serv., 819 F.2d 558 (5th Cir. 1987). “33 U.S.C. § 410 (1982) (“in the opinion of the Secretary of the Army”).”

United States v. Kennebec Log Driving Co., 356 F. Supp. 344 (D. Me. 1973). · cites it 4× “172 , now codified as 33 U.S.C. § 410 , provides in part: 9 The prohibition contained in Section 409 of this title against floating loose timber and logs, or sack rafts, so called, of timber and logs in streams or channels actually navigated by steamboats, shall not apply to any…”

United States v. Bloch, 762 F. Supp. 2d 115 (D.D.C. 2011). “§ 212 (practice of pharmacy and sale of poisons in China); 33 U.S.C. § 410 (navigable water regulation violation); 33 U.”

United States v. Kennebec Log-driving Co., 399 F. Supp. 754 (D. Me. 1975). “On cross-motions for summary judgment, this Court held that the Act of May 9, 1900, 33 U.S.C. § 410 , exempted from the prohibitions of Sections 10 and 13 of the Rivers and Harbors Act log driving on rivers where log driving is the principal form of navigation and, since it was…”

United States v. St. Regis Paper Co., 328 F. Supp. 660 (W.D. Wis. 1971). “And 33 U.S.C. § 410 , enacted May 9, 1900, after setting forth provisions for regulation of floating timber, logs, etc.”

United States v. Kennebec Log Driving Co., 530 F.2d 446 (1st Cir. 1976). “In the first phase of this litigation, the district court, granted summary judgment for KLÍ), holding that the Act of May 9, 1900, 33 U.S.C. § 410 , authorizing log driving on certain rivers where such activity was dominant, exempted log driving on the Kennebec from all the…”

United States v. Bloch (D.D.C. 2011). “§ 212 (practice of pharmacy and sale of poisons in China); 33 U.S.C. § 410 (navigable water regulation violation); 33 U.”

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